South Carolina H 4722: Death Penalty, aggravating circumstances

Bill Text

2025-2026 Bill 4722 Text of Previous Version (Dec. 17, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4722

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 16-3-20, RELATING TO PUNISHMENT FOR MURDER AND SEPARATE SENTENCING 
PROCEEDINGS WHEN THE DEATH PENALTY IS SOUGHT WHEN AGGRAVATING CIRCUMSTANCES ARE 
PRESENT, SO AS TO ADD ADDITIONAL AGGRAVATING CIRCUMSTANCES FOR WHICH THE DEATH 
PENALTY MAY BE IMPOSED.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 16-3-20(C)(a) of the S.C. Code is amended to 
read:

 (a) Statutory aggravating circumstances:

 (1) 
The murder was committed while in the commission of the following crimes or 
acts:

 (a) 
criminal sexual conduct in any degree;

 (b) 
kidnapping;

 (c) 
trafficking in persons;

 (d) 
burglary in any degree;

 (e) 
robbery while armed with a deadly weapon;

 (f) 
larceny with use of a deadly weapon;

 (g) 
killing by poison;

 (h) 
drug trafficking as defined in Section 44-53-370(e), 44-53-375(B), 44-53-440, 
or 44-53-445;

 (i) 
physical torture;

 (j) 
dismemberment of a person; or

 (k) 
arson in the first degree as defined in Section 16-11-110(A).

 (2) 
The murder was committed by a person with a prior conviction for murder.

 (3) 
The offender by his act of murder knowingly created a great risk of death to 
more than one person in a public place by means of a weapon or device which 
normally would be hazardous to the lives of more than one person.

 (4) 
The offender committed the murder for himself or another for the purpose of 
receiving money or a thing of monetary value.

 (5) 
The murder of a judicial officer, former judicial officer, solicitor, former 
solicitor, or other officer of the court during or because of the exercise of 
his official duty.

 (6) 
The offender caused or directed another to commit murder or committed murder as 
an agent or employee of another person.

 (7) 
The murder of a federal, state, or local law enforcement officer or former 
federal, state, or local law enforcement officer, peace officer or former peace 
officer, corrections officer or former corrections officer, including a county 
or municipal corrections officer or a former county or municipal corrections 
officer, a county or municipal detention facility employee or former county or 
municipal detention facility employee, or fireman or former fireman during or 
because of the performance of his official duties.

 (8) 
The murder of a family member of an official listed in subitems (5) and (7) 
above with the intent to impede or retaliate against the official. "Family 
member" means a spouse, parent, brother, sister, child, or person to whom the 
official stands in the place of a parent or a person living in the official's 
household and related to him by blood or marriage.

 (9) 
Two or more persons were murdered by the defendant by one act or pursuant to 
one scheme or course of conduct.

 (10) 
The murder of a child eleven years of age or under.

 (11) 
The murder of a witness or potential witness committed at any time during the 
criminal process for the purpose of impeding or deterring prosecution of any 
crime.

 (12) 
The murder was committed by a person deemed a sexually violent predator 
pursuant to the provisions of Chapter 48, Title 44, or a person deemed a 
sexually violent predator who is released pursuant to Section 44-48-120.

 (13) The offender planned the murder of 
a person and it was found beyond a reasonable doubt that the murder was in fact 
premeditated.

 (14) The murder of a person seventy 
years of age or older or a person considered vulnerable who has a medically 
recognized physical or mental condition or disability.

 (15) The murder of a pregnant woman 
when the offender knew, or should have known, beyond a reasonable doubt that 
the woman was pregnant at the time of the murder.

SECTION 2. The repeal or amendment by this act 
of any law, whether temporary or permanent or civil or criminal, does not affect 
pending actions, rights, duties, or liabilities founded thereon, or alter, 
discharge, release or extinguish any penalty, forfeiture, or liability incurred 
under the repealed or amended law, unless the repealed or amended provision 
shall so expressly provide. After the effective date of this act, all 
laws repealed or amended by this act must be taken and treated as remaining in 
full force and effect for the purpose of sustaining any pending or vested 
right, civil action, special proceeding, criminal prosecution, or appeal 
existing as of the effective date of this act, and for the enforcement of 
rights, duties, penalties, forfeitures, and liabilities as they stood under the 
repealed or amended laws.

SECTION 3. If any section, subsection, 
paragraph, subp